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Madras High CourtCRL OP(MD)/11704/2026granted

Mohamed Asaraf Ali v. The State Of Tamilnadu Rep By The Inspector Of Police, Pettai

2026-06-19Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Mohamed Asaraf Ali

...Petitioner/sole Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Pettai Police Staion Tirunelveli District Crime No.193 of 2026

...Respondent/Complainant

For Petitioner : Mr.G.Sujeeth Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 193 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/ sole Accused, who was arrested and remanded to judicial custody on 02.06.2026 for the offences punishable under Sections 77 of BNS in Crime No.193 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.06.2026 when the defacto complainant went to the online center run by the petitioner for taking xerox copy of the documents the petitioner took videos of the complainant. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 02.06.2026 and no previous case is pending against the petitioner. Therefore, prayed to grant bail for the petitioner.

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4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner herein the petitioner took videos of the complainant and investigation is still pending and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that no previous case is pending against the petitioner and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum 3/6

of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tirunelveli and on further conditions that:

[b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the 4/6

learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 19.06.2026 aav To 1.The Judicial Magistrate, Additional Mahila Court, Tirunelveli 2.The Inspector of Police, Pettai Police Staion Tirunelveli District

3. The Superintendent, Central Prison, Tirunelveli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 11704 of 2026 Date : 19.06.2026 6/6